The unusual request was filed by the older of the pair earlier this month, the New York Post reports.
Aside from both being adults, little is known about the couple – including their genders.
“The proposed spouses are adults,” the filing reportedly said. “The proposed spouses are biological parent and child. The proposed spouses are unable to procreate together.”
They argue being unable to procreate shouldn’t prevent them from aspiring “to the transcendent purposes of marriage and seek fulfillment in its highest meaning”, and the present law banning incestuous marriage is unconstituational.
“Through the enduring bond of marriage, two persons, whatever relationship they might otherwise have with one another, can find a greater level of expression, intimacy and spirituality.”
Incest is a felony, with New York law prohibiting marriage or sexual conduct with anyone who’s knowingly an “ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece”.
In this case it would be a third-degree felony punishable by up to four years (second- and first-degree felonies are reserved for cases of rape).
The marriage would also be voided.
READ MORE: https://www.newshub.co.nz/home/world/2021/04/parent-and-child-couple-trying-to-overturn-new-york-s-anti-incest-laws-arguing-it-diminishes-their-humanity.html